Gosson v. McKay Shared Living Services, Inc.

STATE OF MAINE SUPERIOR COURT
PENOBSCOT, ss CIVIL ACTION
DOCKET NO. BANSC-CV-18-115

DAWN GOSSON, LAURIE NADEAU, )
and CLAUDIA PHAIR, )
)
Plaintiffs )
)
V. ) ORDER AND JUDGMENT
)
MCKAY SHARED LIVING SERVICES, )
INC. )
)
Defendant )

Plaintiffs, having moved for default judgment against Defendant, and this Court having

heard and duly considered the evidence, does hereby now find, adjudge and order:

1. This matter came forward for hearing on April 10, 2019 on the Complaint and Motion

for Default Judgment of Plaintiffs Dawn Gosson, Laurie Nadeau, and Claudia Phair against

McKay Shared Living Services, Inc. At that time, the Court found that all pa1iies have received

notice of the proceedings in accordance with the applicable provision of the Manie Rules of Civil

Procedure and that no party was an infant, incompetent, or in the military service of the United

States as defined by the Soldiers & Sailors Relief Act as amended.

2. Present at the hearing were Plaintiffs Dawn Gosson and Claudia Phair. Plaintiff Laurie

Nadeau was in Florida at that time and was not at the hearing, though she was available to the

Court by telephone. Attomey for the Plaintiffs, Erik M. P. Black, was also present.

3. Defendant McKay Shared Living Services, Inc. did not appear.

4. On April 10, 2019, default was entered on behalf of the Plaintiffs, Dawn Gosson,

Laurie Nadeau, and Claudia Phair, against Defendant McKay Shared Living Se1vices, Inc. with

regard to both counts of their Complaint in this matter.

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5. This matter came forward for hearing on Plaintiffs' damages on November 6, 2019. At

that time, the Comt found that all parties have received notice of the proceedings in accordance

with the applicable provision of the ~Rules of Civil Procedure.
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6. The remedies of both counts of Plaintiffs' Complaint are nearly identical, with the

exception that a violation of the first count entitles Plaintiffs to an equal amount of liquidated

damages and a violation of the second count entitles Plaintiffs to an amount two times the unpaid

wages as damages. The Comt is unaware of any law that would allow Plaintiffs a double

recovery of both twice the unpaid wages under the second count and the equal amount of

liquidated damages under the first count, so the amount of damages will be calculated in

accordance with the second count, which include the remedies available under the first count.

Both counts allow for the remedies of interest, costs, and reasonable attorneys' fees as provided

bylaw.

7. The Comt finds that Plaintiff Gosson is awarded $2,730.00, an additional amount of

$5,460.00 as liquidated damages pursuant to 26 M.RS. § 626-A, plus pre-judgment interest at

4.76% per annum through the date ofjudgment, post-judgment interest thereafter, $3,556.00 in

attorneys' fees, and $74.28 in costs.

8. The Court finds that Plaintiff Nadeau is awarded 12,480.00, an additional amount of

$24,960.00 as liquidated damages pursuant to 26 M.R.S. § 626-A, plus pre-judgment interest at

4.76% per annum through the date ofjudgment, post-judgment interest thereafter, $3,731.00 in

attorneys' fees, and $74.27 in costs.

9. The Court finds that Plaintiff Phair is awarded $12,480.00, an additional amount of

$24,960.00 as liquidated damages pursuant to 26 M.R.S. § 626-A, plus pre-judgment interest at

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4.76% per annum through the date ofjudgment, post-judgment interest thereafter, $3,290.00 in

attorneys' fees, and $74.27 in costs.

I0. The Clerk is directed to incorporate this Order into the docket by reference pursuant

to M.R. Civ. P. 79(a).

Dated: , , /t,J1f
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ORDEPJ.nmG\fENT ENTERED~·TlIE
COURT DOCK.£T ON: \\/la /I C3,

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